What was Tenancy Tribunal case 4953594 about?

The tribunal order states: Fiona Pahi Tutakiau must pay [The landlord/s] $1,815.19 immediately for

How much money was awarded in case 4953594?

Cleaning: $250.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $448.50 awarded to landlord; Property Damage: $500.00 awarded to landlord; Replace furnishings: Replacing missi…: $199.69 awarded to landlord; Rubbish Removal: $145.00 awarded to landlord; Towel Rail: $29.78 awarded to landlord; Water Rates: $215.22 awarded to landlord

What type of tenancy dispute was case 4953594?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4953594?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10769953-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4953594 about?

The tribunal order states: Fiona Pahi Tutakiau must pay [The landlord/s] $1,815.19 immediately for

How much money was awarded in case 4953594?

Cleaning: $250.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $448.50 awarded to landlord; Property Damage: $500.00 awarded to landlord; Replace furnishings: Replacing missi…: $199.69 awarded to landlord; Rubbish Removal: $145.00 awarded to landlord; Towel Rail: $29.78 awarded to landlord; Water Rates: $215.22 awarded to landlord

What type of tenancy dispute was case 4953594?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4953594?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10769953-Tribunal_Order_Redacted.pdf.

Unit/Flat 2, 153 Old Wairoa Road, Papakura, Auckland Tenancy Tribunal Case 4953594 — Property damage

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Unit/Flat 2, 153 Old Wairoa Road, Papakura, Auckland Tenancy Tribunal Case 4953594 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4953594 — net $1,815.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$27.00	Filing fee reimbursement
Towel rail	$29.78	Towel rail
Cleaning	$250.00	Cleaning
Water rates	$215.22	Water rates
Rubbish removal	$145.00	Rubbish removal
Lock/key replacement	$448.50	Lock/key replacement
Replace furnishings: Replacing missing curtains	$199.69	Replace furnishings: Replacing missing curtains
Insurance excess for garage door	$500.00	Insurance excess for garage door
Net award	$1,815.19
Total payable by Tenant to Landlord	$1,815.19

Claims and awards for application 4953594 — net $1,815.19 NZD. Verify on MoJ.

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Towel rail

Amount: $29.78
Awarded to: Landlord
Reason: Towel rail

Cleaning

Amount: $250.00
Awarded to: Landlord
Reason: Cleaning

Water rates

Amount: $215.22
Awarded to: Landlord
Reason: Water rates

Rubbish removal

Amount: $145.00
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal Water Rates

Order

Fiona Pahi Tutakiau must pay [The landlord/s] $1,815.19 immediately for compensation at the end of the tenancy and filing fee, as calculated and shown in table below. DescriptionLandlord Filing fee reimbursement$27.00 Towel rail$29.78 Cleaning$250.00 Water rates$215.22 Rubbish removal$145.00 Lock/key replacement$448.50 Replace furnishings: Replacing missing curtains$199.69 Insurance excess for garage door$500.00 Total award$1,815.19 Total payable by Tenant to Landlord$1,815.19

Reasons

The landlord attended the hearing, the tenant did not attend. I rang the tenant twice on the mobile number provided in the application, but it went to answerphone. As the tenant was sent a Notice of Hearing, I am proceeding in her absence.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 26 June 2024 after an eviction. The landlord provided water rates invoices which prove the amount of $215.22 owing at the end of the tenancy.
I am satisfied that the landlord has proven their claim for the water bill.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the keys.
The following chattels were missing at the end of the tenancy: -Curtains in the lounge and bedroom
The landlord provided the Tribunal with a pre-let inspection report and photographs and an exit report and photographs. The exit report and photos show the property was left unclean and untidy. There was possessions and rubbish left inside and outside the property.
The landlord provided an invoice for $250.00 for the cleaning and an invoice for $145.00 for the rubbish removal.
As the tenancy terminated as the result of a Tribunal order and the assistance of a bailiff to evict the tenants, the landlord was required to change the locks. The landlord provided the Tribunal with an invoice for $448.50 to replace the locks.
The landlord provided an invoice for $199.69 for replacement of curtains missing and damaged at the house. These curtains were new at the start of the tenancy.
I am satisfied that the landlord has proven their claims for the cleaning, rubbish removal, curtains and locks to be changed.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
The following damage was caused during the tenancy: -Garage door dented and unable to be opened. -Flooring was damaged and gaps appeared between the flooring. -Heated towel rail.
The garage door and flooring were damaged and so the landlord applied for and was covered by an insurance claim for these repairs. The landlord seeks the cost of the excess charged to the landlord from the insurance company. The garage door was a $500.00 excess and the flooring a $1100.00 excess.
The garage door was clearly dented. The dent was not in the door at the start of the tenancy. I am satisfied that the landlord has proven their claim for the insurance excess for the garage door.
The landlord provided photos of gaps in the wooden flooring panels. This was new flooring put into the house at the start of the tenancy. The landlord said the gaps are because of rough use by the tenant on the flooring. There are no reports or evidence to support the landlords claim. I am not satisfied that the landlord has proven that the flooring gaps were caused by rough usage by the tenant and so will not award the $1100.00 excess claimed for the insurance excess. I am dismissing the landlord’s claim for the insurance excess for the flooring.
The landlord provided photos of the heated towel rail before the start of the tenancy and at the end. The towel rail was attached to the wall in the bathroom at the start of the tenancy. At the end of the tenancy, it was hanging off the wall. The landlord provided the Tribunal with an invoice for $29.78 from Bunnings for the cost of a replacement towel rail. I am satisfied that the landlord has proven their claim for the towel rail replacement.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord has applied for suppression of their name and identifying details. As they have been largely successful in their application, I will grant suppression.
Because [The applicant/s] have been succeeded with the claim I must reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4953594 — net $1,815.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$27.00	Filing fee reimbursement
Towel rail	$29.78	Towel rail
Cleaning	$250.00	Cleaning
Water rates	$215.22	Water rates
Rubbish removal	$145.00	Rubbish removal
Lock/key replacement	$448.50	Lock/key replacement
Replace furnishings: Replacing missing curtains	$199.69	Replace furnishings: Replacing missing curtains
Insurance excess for garage door	$500.00	Insurance excess for garage door
Net award	$1,815.19
Total payable by Tenant to Landlord	$1,815.19

Claims and awards for application 4953594 — net $1,815.19 NZD. Verify on MoJ.

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Towel rail

Amount: $29.78
Awarded to: Landlord
Reason: Towel rail

Cleaning

Amount: $250.00
Awarded to: Landlord
Reason: Cleaning

Water rates

Amount: $215.22
Awarded to: Landlord
Reason: Water rates

Rubbish removal

Amount: $145.00
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal Water Rates

Order

Fiona Pahi Tutakiau must pay [The landlord/s] $1,815.19 immediately for compensation at the end of the tenancy and filing fee, as calculated and shown in table below. DescriptionLandlord Filing fee reimbursement$27.00 Towel rail$29.78 Cleaning$250.00 Water rates$215.22 Rubbish removal$145.00 Lock/key replacement$448.50 Replace furnishings: Replacing missing curtains$199.69 Insurance excess for garage door$500.00 Total award$1,815.19 Total payable by Tenant to Landlord$1,815.19

Reasons

The landlord attended the hearing, the tenant did not attend. I rang the tenant twice on the mobile number provided in the application, but it went to answerphone. As the tenant was sent a Notice of Hearing, I am proceeding in her absence.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 26 June 2024 after an eviction. The landlord provided water rates invoices which prove the amount of $215.22 owing at the end of the tenancy.
I am satisfied that the landlord has proven their claim for the water bill.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the keys.
The following chattels were missing at the end of the tenancy: -Curtains in the lounge and bedroom
The landlord provided the Tribunal with a pre-let inspection report and photographs and an exit report and photographs. The exit report and photos show the property was left unclean and untidy. There was possessions and rubbish left inside and outside the property.
The landlord provided an invoice for $250.00 for the cleaning and an invoice for $145.00 for the rubbish removal.
As the tenancy terminated as the result of a Tribunal order and the assistance of a bailiff to evict the tenants, the landlord was required to change the locks. The landlord provided the Tribunal with an invoice for $448.50 to replace the locks.
The landlord provided an invoice for $199.69 for replacement of curtains missing and damaged at the house. These curtains were new at the start of the tenancy.
I am satisfied that the landlord has proven their claims for the cleaning, rubbish removal, curtains and locks to be changed.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
The following damage was caused during the tenancy: -Garage door dented and unable to be opened. -Flooring was damaged and gaps appeared between the flooring. -Heated towel rail.
The garage door and flooring were damaged and so the landlord applied for and was covered by an insurance claim for these repairs. The landlord seeks the cost of the excess charged to the landlord from the insurance company. The garage door was a $500.00 excess and the flooring a $1100.00 excess.
The garage door was clearly dented. The dent was not in the door at the start of the tenancy. I am satisfied that the landlord has proven their claim for the insurance excess for the garage door.
The landlord provided photos of gaps in the wooden flooring panels. This was new flooring put into the house at the start of the tenancy. The landlord said the gaps are because of rough use by the tenant on the flooring. There are no reports or evidence to support the landlords claim. I am not satisfied that the landlord has proven that the flooring gaps were caused by rough usage by the tenant and so will not award the $1100.00 excess claimed for the insurance excess. I am dismissing the landlord’s claim for the insurance excess for the flooring.
The landlord provided photos of the heated towel rail before the start of the tenancy and at the end. The towel rail was attached to the wall in the bathroom at the start of the tenancy. At the end of the tenancy, it was hanging off the wall. The landlord provided the Tribunal with an invoice for $29.78 from Bunnings for the cost of a replacement towel rail. I am satisfied that the landlord has proven their claim for the towel rail replacement.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord has applied for suppression of their name and identifying details. As they have been largely successful in their application, I will grant suppression.
Because [The applicant/s] have been succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4953594 — Property damage at Unit/Flat 2, 153 Old Wairoa Road, Papakura, Auckland

At a glance

Tenancy Tribunal case 4953594 — Property damage at Unit/Flat 2, 153 Old Wairoa Road, Papakura, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions